South Carolina is the gateway to the Southeast. Goods often travel on state interstates, going to and from states such as Georgia and Florida. There are over 850 miles of interstates in South Carolina that cars must share with large trucks. These highways are instrumental to regional and national commerce.
However, the presence of trucks, and potential carelessness by the truck driver and trucking company, put drivers and their passengers at risk. You may be entitled to significant financial compensation if you or a loved one have been injured in a truck accident in South Carolina. Contact Hite Law Firm Trial Lawyers to schedule an initial consultation to discuss your case and meet an Abbeville truck accident attorney who cares and can help you move forward.
Truck Traffic in South Carolina
We handle trucking cases in Abbeville County and all over the State of South Carolina. Goods from the Port of Charleston make their way across the state on I-26, I-77, and I-85. Large trucks are also frequently traveling on state highways such as SC Highway 72 and SC Highway 28 and even on local secondary roads. Anyone who drives on South Carolina roads can potentially be hit by a tractor trailer.
Causes of South Carolina Truck Accidents
Trucks are massive vehicles weighing up to 80,000 pounds when fully loaded. All it takes is one small error to make the truck driver lose control and cause an accident. Your attorney will promptly investigate your truck accident to determine the cause and the right defendant to sue.
Here are some common causes of truck accidents in South Carolina:
- Driver error by a truck driver who is inexperienced, careless, or reckless
- Driver fatigue occurs when a truck driver does not get the proper rest (either when they have violated federal hours of service regulations or are simply driving when they are tired)
- Maintenance issues when a truck has not been inspected or taken off the road when there is a mechanical issue
- Improper loading of cargo causing a truck to roll over
- Distracted driving leading to drivers drifting out of their lane or rear-ending other cars in front of them
- A defective truck part such as a tire, steering, or braking system
In some cases, there may be multiple causes of the truck accident. Regardless of the cause, the legal principle remains the same; if you have been injured by someone else’s negligence, they are legally required to pay you damages.
Potential Defendants in a Truck Accident Lawsuit
One of the bedrock principles of personal injury law is that an employer is liable for the wrongful acts of their employees when they are committed within the scope of their duties. In essence, when a truck driver is on the job, the trucking company must pay for any injuries caused by the driver’s negligence. Therefore, the insurance company for the trucking company is the most common defendant in a truck accident case.
It is crucial that you seek compensation from every possible defendant whose actions played a role in your injuries to maximize your potential settlement.
Here are some other potential defendants in a truck accident case:
- A parts manufacturer or the company that made the truck if your accident was caused by a defective part
- The government that was responsible for maintaining the roadway (if something like a pothole or other highway defect caused the accident)
- Another driver, if their actions caused the truck driver to lose control
- A cargo loading company, if the cargo was improperly secured and fell off the truck or caused a truck rollover accident
- A third-party maintenance company hired by the trucking company to maintain the trucks — although the trucking company cannot fully escape responsibility by outsourcing maintenance
Why You Need a Truck Accident Lawyer in Abbeville
Truck accidents are complex cases. There are many more factors at work than in a car accident case. Not only is there more money at stake because there is more insurance coverage and assets, but there is also more evidence that can be used to prove your case.
Much of your case can be proven by evidence that is in the trucking company’s hands. For example, the black box data could be used to prove that the truck driver did something wrong. However, the trucking company will not willingly give you this data, and they may not even follow the rules that require them to preserve it. Your lawyer can move to obtain this data through the lawsuit process.
In addition, the insurance company will make your life as difficult as possible unless you have a lawyer who can beat them at their own game.
You need a truck accident lawyer because you need a partner and an advocate after you have been injured. Hite Law Firm Trial Lawyers will listen to you and your story, taking the unique circumstances leading up to and after your accident to pursue maximum compensation on your behalf.
Wrongful Death Cases After a Truck Accident
South Carolina law allows certain family members to receive compensation in a wrongful death lawsuit after their loved one has been killed in an accident. A wrongful death lawsuit is the family’s own personal injury case against the responsible party that is filed by the estate’s executor.
In this case, your personal injury is the tragic loss of your loved one. Accordingly, the wrongful death damages represent what your family has lost, including:
- The wages that your loved one would have earned had they lived and continued working (for the rest of their working career)
- Your family’s own grief and trauma that you experienced when you tragically and suddenly lost a loved one
- The loss of a close and loving relationship with your deceased family member
- The loss of the spouse’s physical relationship with the deceased
The estate can also file a survival action to recover the damages that the deceased person suffered between the time of the accident and their death.
How Our Attorneys Can Help You Following a Truck Accident
The Hite Law Firm Trial Lawyers know how to take on insurance companies and their trucking company clients to move your case along to its conclusion. All you need to do is call us to start the legal process.
Once you hire us, here is what we can do in your case:
- Investigate your truck accident and aggressively pursue evidence that can prove your case
- Help you value your damages, so you know how much compensation to seek on your behalf
- File a claim with the insurance company or a truck accident lawsuit
- Continue to build your case by obtaining more evidence during the lawsuit process
- Negotiate a settlement with the insurance company or argue your case in court
- Listen to you and be your guide to the legal process
Not every truck accident lawyer is the same. You need an attorney who focuses on you as much as they focus on getting compensation for you.
Contact Our Abbeville, SC Truck Accident Attorneys Today
The first ray of hope that you may have after a serious truck accident is when you speak with one of our dedicated attorneys. At Hite Law Firm Trial Lawyers, we put our sincerest efforts towards your recovery. Begin the legal process simply by sending us a message online or calling us today at 864-664-2252.